Knee decisions — 2019

The Board has determined that the Veteran's knee disabilities require additional evidence and a new examination to determine appropriate disability ratings, as there was a material change in his conditions following previous examinations.

The Board has granted service connection for bilateral hearing loss. The left knee residual effects of torn ligaments/injury issue is remanded due to the need for a new examination.

The Board has determined that the Veteran's claims for service connection have been remanded due to insufficient evidence. The issues of service connection for high blood pressure, seizures, hepatitis C, degenerative arthritis of the spine with back pain, and fragment in left knee are being addressed.

The Board has decided to remand the Veteran's claims for compensation benefits under 38 U.S.C. § 1151 due to a duty to assist error, requiring additional VA treatment records and informed consent forms to be obtained.

The Veteran's claims of service connection for various conditions, including back pain, bilateral eye condition, flatfoot, knee issues, and ankle conditions, were denied. The Board found that the evidence did not support a finding of current disabilities related to active service.,Specifically, the Board determined that there was no diagnosed back condition, no causal relationship between the Veteran's claimed eye condition and his service, no diagnosed bilateral foot condition, no diagnosed left or right knee conditions, and no diagnosed right or left ankle conditions.

The Veteran's adjustment disorder with mixed anxiety and depressed mood is currently rated at 50 percent, which does not meet the criteria for a higher rating. The evidence shows that his symptoms do not warrant a higher disability rating.,Regarding TDIU, the Board finds that the Veteran’s service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the Veteran's claims for obstructive sleep apnea, bilateral knee conditions, cervical spine condition, lumbar spine condition, muscle tension headaches, and acquired psychiatric disorder due to insufficient examination opinions and new evidence submitted.

The Veteran's bilateral pes planus is granted an increased rating of 30 percent, but not higher, beginning October 29, 2013. The right and left knee strains are denied any increase in ratings.

The Veteran's mid abdominal scar is not rated as compensable, and the Board finds that the preponderance of evidence does not support a higher rating.,Service connection for left knee disability is denied because there is no evidence showing it began during service or is related to an in-service injury. The Veteran has a right knee disability which may be considered secondary to his left knee disability, but this issue is not addressed as the right knee disability is not service-connected.,The Board finds that hypertension does not have sufficient evidence of association with herbicide exposure and thus cannot be presumed due to such exposure. However, VA examination/medical opinion is required to determine if it is related to any other incident in service or otherwise.,Service connection for colon cancer is denied because there are no records showing the condition began during service or is related to an in-service injury.

The Board has determined that the reduction in rating for left knee disability was improper and has ordered restoration of a 20% rating. The Veteran's claims for special monthly compensation based on loss of use of the left hand and lower extremities are remanded due to incomplete examination reports.

The Veteran's service-connected right knee disabilities are being remanded for further evaluation due to increased symptoms since his last examination.

The Veteran withdrew his appeals for the issues of entitlement to an initial rating in excess of 50 percent for major depressive disorder with anxiety disorder, NOS; entitlement to an initial rating in excess of 10 percent for degenerative joint disease, bilateral knees; and entitlement to an initial compensable rating for sinusitis prior to October 29, 2014, and in excess of 30 percent thereafter.

The Board has granted service connection for left knee degenerative arthritis and remanded other issues related to hearing loss, foot disabilities, and spine disability.

The Veteran's appeal is remanded due to the need for additional examinations and clarification of diagnoses.

The Veteran's appeal for service connection of a left hip disability is dismissed. The Board also remanded the issues regarding rating increases for his right knee subluxation and strain with osteoarthritic changes.

The Board has remanded the claims for service connection for bilateral hip and knee disabilities, as well as a TDIU claim due to inadequate medical opinions regarding the etiology of these conditions. The Veteran is required to be provided with a new VA examination.

The Veteran's appeals for earlier effective dates and initial ratings for his right-knee, left-knee, and low-back conditions have been dismissed.,The Veteran's appeals for an initial compensable rating for his right-knee condition, a disability rating in excess of 10 percent for his low-back condition, and service connection for his right-hip and left-hip conditions have also been dismissed.

The Board has decided to remand the case due to insufficient medical opinions regarding whether a right hip disability is caused or aggravated by service-connected conditions.

The Board has decided to remand two issues: service connection for a painful joint disability and an initial rating in excess of 10 percent for chondromalacia of the left knee. The Veteran needs further examinations to clarify his diagnoses and determine if they are related to service.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance, which has been granted for special monthly compensation.